War Service Land Settlement Act 1950

It shall be a condition of every tenancy that the tenant shall reside on his holding for a period of six years commencing within three months of its allotment to him by the Board.

This condition shall be performed by the continuous and bona fide personal residence of the tenant on the holding.

The holding or any interest therein shall not during the currency of the condition be capable of – being mortgaged except to TDR; or transfer, whether by operation of law or otherwise, except in the case of the death or insanity or incapacity by reason of serious illness, accident, infirmity, or misfortune of the tenant or except by TDR pursuant to a power of sale under a mortgage given under this subsection.

The following provisions shall be applicable to tenancies during the currency of the condition:If the tenant dies during the currency of the condition it may be performed by the continuous and bona fide residence on the holding of some person beneficially interested in the holding under the will or as one of the next-of-kin or as the spouse or caring partner of the deceased tenant or of a bailiff approved by the Board;If during the currency of the condition a guardianship order or an administration order under the Guardianship and Administration Act 1995 is in force, the Board may allow it to be performed by the continuous and bona fide residence on the holding of the spouse, caring partner or some other member of the family of the tenant or a bailiff approved by the Board;If the tenant dies or becomes subject to an order mentioned in paragraph (b) during the currency of the condition, the Board may, on the application in that behalf made by the personal representative of the deceased tenant, or the administrator of the estate of the tenant, as the case may be, approve of the transfer of the holding to a specified person;If the tenant becomes incapacitated, by reason of serious illness, accident, infirmity, or misfortune, from complying with the condition he may apply to the Board for such relief as is provided in this paragraph and the Board may – allow the condition to be performed by the continuous and bona fide residence on the holding of the spouse, caring partner or some other member of the family of the tenant or a bailiff approved by the Board; suspend the operation of the condition for any period that the tenant is receiving such medical, surgical, or other treatment as requires his absence from his holding; or with consent approve a transfer of his holding by the tenant to a specified person;In the case of a transfer being approved under paragraph (c) or paragraph (d) the transferee is not bound to perform the condition.